Florida Senate - 2018                             CS for SB 1552
       By the Committee on Appropriations; and Senator Bracy
       576-03581-18                                          20181552c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         320.08058, F.S.; allowing the Department of Highway
    4         Safety and Motor Vehicles to distribute proceeds from
    5         the Invest in Children license plate annual use fee on
    6         a statewide basis; amending s. 985.03, F.S.; replacing
    7         the term “nonsecure detention” with the term
    8         “supervised release detention”; defining the term
    9         “supervised release detention”; amending ss. 985.037,
   10         985.039, and 985.101, F.S.; conforming provisions to
   11         changes made by the act; amending s. 985.24, F.S.;
   12         deleting provisions authorizing the Department of
   13         Juvenile Justice to develop evening reporting centers;
   14         conforming provisions to changes made by the act;
   15         amending s. 985.245, F.S.; revising risk assessment
   16         instrument considerations; conforming provisions to
   17         changes made by the act; amending s. 985.25, F.S.;
   18         deleting a provision requiring mandatory detention for
   19         children taken into custody on three or more separate
   20         occasions within a 60-day period; amending s. 985.255,
   21         F.S.; revising the circumstances under which a
   22         continued detention status may be ordered; amending s.
   23         985.26, F.S.; requiring the department to hold a
   24         prolific juvenile offender in secure detention pending
   25         a detention hearing following a violation of nonsecure
   26         detention; amending s. 985.26, F.S.; revising the
   27         definition of the term “disposition”; conforming
   28         provisions to changes made by the act; amending ss.
   29         985.265 and 985.35, F.S.; conforming provisions to
   30         changes made by the act; amending s. 985.439, F.S.;
   31         deleting an authorization for placement of a child in
   32         a consequence unit in certain circumstances; allowing
   33         a child who violates conditions of probation to be
   34         detained or released based on the results of the
   35         detention risk assessment instrument; conforming
   36         provisions to changes made by the act; amending s.
   37         985.557, F.S.; increasing the age of a child at which
   38         a state attorney may file an information against the
   39         child for prosecution as an adult; amending s.
   40         985.601, F.S.; conforming provisions to changes made
   41         by the act; amending s. 985.672, F.S.; requiring the
   42         board of directors of the department’s direct-support
   43         organization to be appointed according to the
   44         organization’s bylaws; deleting the scheduled repeal
   45         of provisions governing the direct-support
   46         organization established by the department; providing
   47         effective dates.
   49  Be It Enacted by the Legislature of the State of Florida:
   51         Section 1. Paragraph (b) of subsection (11) of section
   52  320.08058, Florida Statutes, is amended to read:
   53         320.08058 Specialty license plates.—
   55         (b) The proceeds of the Invest in Children license plate
   56  annual use fee must be deposited into the Juvenile Crime
   57  Prevention and Early Intervention Trust Fund within the
   58  Department of Juvenile Justice. Based on the recommendations of
   59  the juvenile justice councils, the department shall use the
   60  proceeds of the fee to fund programs and services that are
   61  designed to prevent juvenile delinquency. The department shall
   62  allocate moneys for programs and services within each county
   63  based on that county’s proportionate share of the license plate
   64  annual use fee collected by the county.
   65         Section 2. Effective July 1, 2019, subsection (18) of
   66  section 985.03, Florida Statutes, is amended to read:
   67         985.03 Definitions.—As used in this chapter, the term:
   68         (18) “Detention care” means the temporary care of a child
   69  in secure or supervised release nonsecure detention, pending a
   70  court adjudication or disposition or execution of a court order.
   71  There are two types of detention care, as follows:
   72         (a) “Secure detention” means temporary custody of the child
   73  while the child is under the physical restriction of a secure
   74  detention center or facility pending adjudication, disposition,
   75  or placement.
   76         (b) “Supervised release Nonsecure detention” means
   77  temporary, nonsecure custody of the child while the child is
   78  released to the custody of the parent, guardian, or custodian in
   79  a physically nonrestrictive environment under the supervision of
   80  the department staff pending adjudication, or disposition,
   81  through programs that or placement. Forms of nonsecure detention
   82  include, but are not limited to, home detention, electronic
   83  monitoring, day reporting centers, evening reporting centers,
   84  and nonsecure shelters. Supervised release Nonsecure detention
   85  may include other requirements imposed by the court.
   86         Section 3. Effective July 1, 2019, subsection (5) of
   87  section 985.037, Florida Statutes, is amended to read:
   88         985.037 Punishment for contempt of court; alternative
   89  sanctions.—
   90         (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
   91  position of alternative sanctions coordinator within each
   92  judicial circuit, pursuant to subsection (3). Each alternative
   93  sanctions coordinator shall serve under the direction of the
   94  chief administrative judge of the juvenile division as directed
   95  by the chief judge of the circuit. The alternative sanctions
   96  coordinator shall act as the liaison between the judiciary,
   97  local department officials, district school board employees, and
   98  local law enforcement agencies. The alternative sanctions
   99  coordinator shall coordinate within the circuit community-based
  100  alternative sanctions, including supervised release nonsecure
  101  detention programs, community service projects, and other
  102  juvenile sanctions, in conjunction with the circuit plan
  103  implemented in accordance with s. 790.22(4)(c).
  104         Section 4. Effective July 1, 2019, paragraph (a) of
  105  subsection (1) of section 985.039, Florida Statutes, is amended
  106  to read:
  107         985.039 Cost of supervision; cost of care.—
  108         (1) Except as provided in subsection (3) or subsection (4):
  109         (a) When any child is placed into supervised release
  110  nonsecure detention, probation, or other supervision status with
  111  the department, or is committed to the minimum-risk
  112  nonresidential restrictiveness level, the court shall order the
  113  parent of such child to pay to the department a fee for the cost
  114  of the supervision of such child in the amount of $1 per day for
  115  each day that the child is in such status.
  116         Section 5. Effective July 1, 2019, paragraph (d) of
  117  subsection (1) of section 985.101, Florida Statutes, is amended
  118  to read:
  119         985.101 Taking a child into custody.—
  120         (1) A child may be taken into custody under the following
  121  circumstances:
  122         (d) By a law enforcement officer who has probable cause to
  123  believe that the child is in violation of the conditions of the
  124  child’s probation, supervised release nonsecure detention,
  125  postcommitment probation, or conditional release supervision;
  126  has absconded from nonresidential commitment; or has escaped
  127  from residential commitment.
  129  Nothing in this subsection shall be construed to allow the
  130  detention of a child who does not meet the detention criteria in
  131  part V.
  132         Section 6. Effective July 1, 2019, subsections (2), (4),
  133  and (5) of section 985.24, Florida Statutes, are amended to
  134  read:
  135         985.24 Use of detention; prohibitions.—
  136         (2) A child alleged to have committed a delinquent act or
  137  violation of law may not be placed into secure or supervised
  138  release nonsecure detention care for any of the following
  139  reasons:
  140         (a) To allow a parent to avoid his or her legal
  141  responsibility.
  142         (b) To permit more convenient administrative access to the
  143  child.
  144         (c) To facilitate further interrogation or investigation.
  145         (d) Due to a lack of more appropriate facilities.
  146         (4)The department may, within its existing resources,
  147  develop nonsecure, nonresidential evening reporting centers as
  148  an alternative to placing a child in secure detention. Evening
  149  reporting centers may be collocated with a juvenile assessment
  150  center. If established, evening reporting centers shall serve
  151  children and families who are awaiting a child’s court hearing
  152  and, at a minimum, operate during the afternoon and evening
  153  hours to provide a highly structured program of supervision.
  154  Evening reporting centers may also provide academic tutoring,
  155  counseling, family engagement programs, and other activities.
  156         (4)(5) The department shall continue to identify and
  157  develop supervised release detention options alternatives to
  158  secure detention care and shall develop such alternatives and
  159  annually submit them to the Legislature for authorization and
  160  appropriation.
  161         Section 7. Effective July 1, 2019, paragraph (b) of
  162  subsection (2) and subsection (4) of section 985.245, Florida
  163  Statutes, are amended to read:
  164         985.245 Risk assessment instrument.—
  165         (2)
  166         (b) The risk assessment instrument shall take into
  167  consideration, but need not be limited to, pending felony and
  168  misdemeanor offenses, offenses committed pending adjudication,
  169  prior offenses, unlawful possession of a firearm, prior history
  170  of failure to appear, violations of supervision prior offenses,
  171  offenses committed pending adjudication, any unlawful possession
  172  of a firearm, theft of a motor vehicle or possession of a stolen
  173  motor vehicle, and supervision probation status at the time the
  174  child is taken into custody. The risk assessment instrument
  175  shall also take into consideration all statutory mandates for
  176  detention care appropriate aggravating and mitigating
  177  circumstances, and shall be designed to target a narrower
  178  population of children than s. 985.255. The risk assessment
  179  instrument shall also include any information concerning the
  180  child’s history of abuse and neglect. The risk assessment shall
  181  indicate whether detention care is warranted, and, if detention
  182  care is warranted, whether the child should be placed into
  183  secure or supervised release nonsecure detention care.
  184         (4) For a child who is under the supervision of the
  185  department through probation, supervised release nonsecure
  186  detention, conditional release, postcommitment probation, or
  187  commitment and who is charged with committing a new offense, the
  188  risk assessment instrument may be completed and scored based on
  189  the underlying charge for which the child was placed under the
  190  supervision of the department and the new offense.
  191         Section 8. Effective July 1, 2019, paragraph (b) of
  192  subsection (1) of section 985.25, Florida Statutes, is amended
  193  to read:
  194         985.25 Detention intake.—
  195         (1) The department shall receive custody of a child who has
  196  been taken into custody from the law enforcement agency or court
  197  and shall review the facts in the law enforcement report or
  198  probable cause affidavit and make such further inquiry as may be
  199  necessary to determine whether detention care is appropriate.
  200         (b) The department shall base the decision whether to place
  201  the child into detention care on an assessment of risk in
  202  accordance with the risk assessment instrument and procedures
  203  developed by the department under s. 985.245, except that a
  204  child shall be placed in secure detention care until the child’s
  205  detention hearing if the child meets the criteria specified in
  206  s. 985.255(1)(f) or 985.255(1)(j), is charged with possessing or
  207  discharging a firearm on school property in violation of s.
  208  790.115, or has been taken into custody on three or more
  209  separate occasions within a 60-day period.
  211  Under no circumstances shall the department or the state
  212  attorney or law enforcement officer authorize the detention of
  213  any child in a jail or other facility intended or used for the
  214  detention of adults, without an order of the court.
  215         Section 9. Effective July 1, 2019, subsection (1) and
  216  paragraph (a) of subsection (3) of section 985.255, Florida
  217  Statutes, are amended to read:
  218         985.255 Detention criteria; detention hearing.—
  219         (1) Subject to s. 985.25(1), a child taken into custody and
  220  placed into detention care shall be given a hearing within 24
  221  hours after being taken into custody. At the hearing, the court
  222  may order a continued detention status if:
  223         (a) The result of the risk assessment instrument pursuant
  224  to s. 985.245 indicates secure or supervised release detention.
  225         (b) The child is alleged to be an escapee from a
  226  residential commitment program; or an absconder from a
  227  nonresidential commitment program, a probation program, or
  228  conditional release supervision; or is alleged to have escaped
  229  while being lawfully transported to or from a residential
  230  commitment program.
  231         (c)(b) The child is wanted in another jurisdiction for an
  232  offense which, if committed by an adult, would be a felony.
  233         (d)(c) The child is charged with a delinquent act or
  234  violation of law and requests in writing through legal counsel
  235  to be detained for protection from an imminent physical threat
  236  to his or her personal safety.
  237         (d)The child is charged with committing an offense of
  238  domestic violence as defined in s. 741.28 and is detained as
  239  provided in subsection (2).
  240         (e)The child is charged with possession of or discharging
  241  a firearm on school property in violation of s. 790.115 or the
  242  illegal possession of a firearm.
  243         (f)The child is charged with a capital felony, a life
  244  felony, a felony of the first degree, a felony of the second
  245  degree that does not involve a violation of chapter 893, or a
  246  felony of the third degree that is also a crime of violence,
  247  including any such offense involving the use or possession of a
  248  firearm.
  249         (g)The child is charged with any second degree or third
  250  degree felony involving a violation of chapter 893 or any third
  251  degree felony that is not also a crime of violence, and the
  252  child:
  253         1.Has a record of failure to appear at court hearings
  254  after being properly notified in accordance with the Rules of
  255  Juvenile Procedure;
  256         2.Has a record of law violations prior to court hearings;
  257         3.Has already been detained or has been released and is
  258  awaiting final disposition of the case;
  259         4.Has a record of violent conduct resulting in physical
  260  injury to others; or
  261         5.Is found to have been in possession of a firearm.
  262         (h)The child is alleged to have violated the conditions of
  263  the child’s probation or conditional release supervision.
  264  However, a child detained under this paragraph may be held only
  265  in a consequence unit as provided in s. 985.439. If a
  266  consequence unit is not available, the child shall be placed on
  267  nonsecure detention with electronic monitoring.
  268         (e)(i) The child is detained on a judicial order for
  269  failure to appear and has previously willfully failed to appear,
  270  after proper notice:
  271         1. For an adjudicatory hearing on the same case regardless
  272  of the results of the risk assessment instrument; or
  273         2. At two or more court hearings of any nature on the same
  274  case regardless of the results of the risk assessment
  275  instrument.
  277  A child may be held in secure detention for up to 72 hours in
  278  advance of the next scheduled court hearing pursuant to this
  279  paragraph. The child’s failure to keep the clerk of court and
  280  defense counsel informed of a current and valid mailing address
  281  where the child will receive notice to appear at court
  282  proceedings does not provide an adequate ground for excusal of
  283  the child’s nonappearance at the hearings.
  284         (f)(j) The child is a prolific juvenile offender. A child
  285  is a prolific juvenile offender if the child:
  286         1. Is charged with a delinquent act that would be a felony
  287  if committed by an adult;
  288         2. Has been adjudicated or had adjudication withheld for a
  289  felony offense, or delinquent act that would be a felony if
  290  committed by an adult, before the charge under subparagraph 1.;
  291  and
  292         3. In addition to meeting the requirements of subparagraphs
  293  1. and 2., has five or more of any of the following, at least
  294  three of which must have been for felony offenses or delinquent
  295  acts that would have been felonies if committed by an adult:
  296         a. An arrest event for which a disposition, as defined in
  297  s. 985.26, has not been entered;
  298         b. An adjudication; or
  299         c. An adjudication withheld.
  301  As used in this subparagraph, the term “arrest event” means an
  302  arrest or referral for one or more criminal offenses or
  303  delinquent acts arising out of the same episode, act, or
  304  transaction.
  305         (3)(a) The purpose of the detention hearing required under
  306  subsection (1) is to determine the existence of probable cause
  307  that the child has committed the delinquent act or violation of
  308  law that he or she is charged with and the need for continued
  309  detention. Unless a child is detained under paragraph (1)(d) or
  310  paragraph (1)(e), The court shall use the results of the risk
  311  assessment performed by the department and, based on the
  312  criteria in subsection (1), shall determine the need for
  313  continued detention. If the child is a prolific juvenile
  314  offender who is detained under s. 985.26(2)(c), the court shall
  315  use the results of the risk assessment performed by the
  316  department and the criteria in subsection (1) or subsection (2)
  317  only to determine whether the prolific juvenile offender should
  318  be held in secure detention.
  319         Section 10. Paragraph (d) is added to subsection (2) of
  320  section 985.26, Florida Statutes, to read:
  321         985.26 Length of detention.—
  322         (2)
  323         (d)A prolific juvenile offender under s. 985.255(1)(j) who
  324  is taken into custody for a violation of the conditions of his
  325  or her nonsecure detention must be held in secure detention
  326  until a detention hearing is held.
  327         Section 11. Effective July 1, 2019, paragraphs (c) and (d)
  328  of subsection (2) and paragraph (b) of subsection (4) of section
  329  985.26, Florida Statutes, as amended by this act, are amended to
  330  read:
  331         985.26 Length of detention.—
  332         (2)
  333         (c) A prolific juvenile offender under s. 985.255(1)(f)
  334  985.255(1)(j) shall be placed on supervised release nonsecure
  335  detention care with electronic monitoring or in secure detention
  336  care under a special detention order until disposition. If
  337  secure detention care is ordered by the court, it must be
  338  authorized under this part and may not exceed:
  339         1. Twenty-one days unless an adjudicatory hearing for the
  340  case has been commenced in good faith by the court or the period
  341  is extended by the court pursuant to paragraph (b); or
  342         2. Fifteen days after the entry of an order of
  343  adjudication.
  345  As used in this paragraph, the term “disposition” means a
  346  declination to file under s. 985.15(1)(h), the entry of nolle
  347  prosequi for the charges, the filing of an indictment under s.
  348  985.56 or an information under s. 985.557, a dismissal of the
  349  case, or an order of final disposition by the court.
  350         (d) A prolific juvenile offender under s. 985.255(1)(f)
  351  985.255(1)(j) who is taken into custody for a violation of the
  352  conditions of his or her supervised release nonsecure detention
  353  must be held in secure detention until a detention hearing is
  354  held.
  355         (4)
  356         (b) The period for supervised release nonsecure detention
  357  care under this section is tolled on the date that the
  358  department or a law enforcement officer alleges that the child
  359  has violated a condition of the child’s supervised release
  360  nonsecure detention care until the court enters a ruling on the
  361  violation. Notwithstanding the tolling of supervised release
  362  nonsecure detention care, the court retains jurisdiction over
  363  the child for a violation of a condition of supervised release
  364  nonsecure detention care during the tolling period. If the court
  365  finds that a child has violated his or her supervised release
  366  nonsecure detention care, the number of days that the child
  367  served in any type of detention care before commission of the
  368  violation shall be excluded from the time limits under
  369  subsections (2) and (3).
  370         Section 12. Effective July 1, 2019, subsection (1),
  371  paragraph (b) of subsection (3), and paragraph (a) of subsection
  372  (4) of section 985.265, Florida Statutes, are amended to read:
  373         985.265 Detention transfer and release; education; adult
  374  jails.—
  375         (1) If a child is detained under this part, the department
  376  may transfer the child from supervised release nonsecure
  377  detention care to secure detention care only if significantly
  378  changed circumstances warrant such transfer.
  379         (3)
  380         (b) When a juvenile is released from secure detention or
  381  transferred to supervised release nonsecure detention, detention
  382  staff shall immediately notify the appropriate law enforcement
  383  agency, school personnel, and victim if the juvenile is charged
  384  with committing any of the following offenses or attempting to
  385  commit any of the following offenses:
  386         1. Murder, under s. 782.04;
  387         2. Sexual battery, under chapter 794;
  388         3. Stalking, under s. 784.048; or
  389         4. Domestic violence, as defined in s. 741.28.
  390         (4)(a) While a child who is currently enrolled in school is
  391  in supervised release nonsecure detention care, the child shall
  392  continue to attend school unless otherwise ordered by the court.
  393         Section 13. Effective July 1, 2019, paragraph (b) of
  394  subsection (1) of section 985.35, Florida Statutes, is amended
  395  to read:
  396         985.35 Adjudicatory hearings; withheld adjudications;
  397  orders of adjudication.—
  398         (1)
  399         (b) If the child is a prolific juvenile offender under s.
  400  985.255(1)(f) 985.255(1)(j), the adjudicatory hearing must be
  401  held within 45 days after the child is taken into custody unless
  402  a delay is requested by the child.
  403         Section 14. Effective July 1, 2019, subsections (2) and (4)
  404  of section 985.439, Florida Statutes, are amended to read:
  405         985.439 Violation of probation or postcommitment
  406  probation.—
  407         (2) A child taken into custody under s. 985.101 for
  408  violating the conditions of probation shall be screened and
  409  detained or released based on his or her risk assessment
  410  instrument score or postcommitment probation shall be held in a
  411  consequence unit if such a unit is available. The child shall be
  412  afforded a hearing within 24 hours after being taken into
  413  custody to determine the existence of probable cause that the
  414  child violated the conditions of probation or postcommitment
  415  probation. A consequence unit is a secure facility specifically
  416  designated by the department for children who are taken into
  417  custody under s. 985.101 for violating probation or
  418  postcommitment probation, or who have been found by the court to
  419  have violated the conditions of probation or postcommitment
  420  probation. If the violation involves a new charge of
  421  delinquency, the child may be detained under part V in a
  422  facility other than a consequence unit. If the child is not
  423  eligible for detention for the new charge of delinquency, the
  424  child may be held in the consequence unit pending a hearing and
  425  is subject to the time limitations specified in part V.
  426         (4) Upon the child’s admission, or if the court finds after
  427  a hearing that the child has violated the conditions of
  428  probation or postcommitment probation, the court shall enter an
  429  order revoking, modifying, or continuing probation or
  430  postcommitment probation. In each such case, the court shall
  431  enter a new disposition order and, in addition to the sanctions
  432  set forth in this section, may impose any sanction the court
  433  could have imposed at the original disposition hearing. If the
  434  child is found to have violated the conditions of probation or
  435  postcommitment probation, the court may:
  436         (a)Place the child in a consequence unit in that judicial
  437  circuit, if available, for up to 5 days for a first violation
  438  and up to 15 days for a second or subsequent violation.
  439         (a)(b) Place the child in supervised release nonsecure
  440  detention with electronic monitoring. However, this sanction may
  441  be used only if a residential consequence unit is not available.
  442         (b)(c) If the violation of probation is technical in nature
  443  and not a new violation of law, place the child in an
  444  alternative consequence program designed to provide swift and
  445  appropriate consequences to any further violations of probation.
  446         1. Alternative consequence programs shall be established,
  447  within existing resources, at the local level in coordination
  448  with law enforcement agencies, the chief judge of the circuit,
  449  the state attorney, and the public defender.
  450         2. Alternative consequence programs may be operated by an
  451  entity such as a law enforcement agency, the department, a
  452  juvenile assessment center, a county or municipality, or another
  453  entity selected by the department.
  454         3. Upon placing a child in an alternative consequence
  455  program, the court must approve specific consequences for
  456  specific violations of the conditions of probation.
  457         (c)(d) Modify or continue the child’s probation program or
  458  postcommitment probation program.
  459         (d)(e) Revoke probation or postcommitment probation and
  460  commit the child to the department.
  461         Section 15. Paragraph (a) of subsection (1) of section
  462  985.557, Florida Statutes, is amended to read:
  463         985.557 Direct filing of an information; discretionary and
  464  mandatory criteria.—
  466         (a) With respect to any child who was 14 or 15 or 16 years
  467  of age at the time the alleged offense was committed, the state
  468  attorney may file an information when in the state attorney’s
  469  judgment and discretion the public interest requires that adult
  470  sanctions be considered or imposed and when the offense charged
  471  is for the commission of, attempt to commit, or conspiracy to
  472  commit:
  473         1. Arson;
  474         2. Sexual battery;
  475         3. Robbery;
  476         4. Kidnapping;
  477         5. Aggravated child abuse;
  478         6. Aggravated assault;
  479         7. Aggravated stalking;
  480         8. Murder;
  481         9. Manslaughter;
  482         10. Unlawful throwing, placing, or discharging of a
  483  destructive device or bomb;
  484         11. Armed burglary in violation of s. 810.02(2)(b) or
  485  specified burglary of a dwelling or structure in violation of s.
  486  810.02(2)(c), or burglary with an assault or battery in
  487  violation of s. 810.02(2)(a);
  488         12. Aggravated battery;
  489         13. Any lewd or lascivious offense committed upon or in the
  490  presence of a person less than 16 years of age;
  491         14. Carrying, displaying, using, threatening, or attempting
  492  to use a weapon or firearm during the commission of a felony;
  493         15. Grand theft in violation of s. 812.014(2)(a);
  494         16. Possessing or discharging any weapon or firearm on
  495  school property in violation of s. 790.115;
  496         17. Home invasion robbery;
  497         18. Carjacking; or
  498         19. Grand theft of a motor vehicle in violation of s.
  499  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  500  $20,000 or more in violation of s. 812.014(2)(b) if the child
  501  has a previous adjudication for grand theft of a motor vehicle
  502  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  503         Section 16. Effective July 1, 2019, paragraph (a) of
  504  subsection (9) of section 985.601, Florida Statutes, is amended
  505  to read:
  506         985.601 Administering the juvenile justice continuum.—
  507         (9)(a) The department shall operate a statewide, regionally
  508  administered system of detention services for children, in
  509  accordance with a comprehensive plan for the regional
  510  administration of all detention services in the state. The plan
  511  must provide for the maintenance of adequate availability of
  512  detention services for all counties. The plan must cover all the
  513  department’s operating circuits, with each operating circuit
  514  having access to a secure facility and supervised release
  515  nonsecure detention programs, and the plan may be altered or
  516  modified by the Department of Juvenile Justice as necessary.
  517         Section 17. Subsections (3) and (7) of section 985.672,
  518  Florida Statutes, are amended to read:
  519         985.672 Direct-support organization; definition; use of
  520  property; board of directors; audit.—
  521         (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
  522  shall appoint a board of directors of the direct-support
  523  organization. The board members shall be appointed according to
  524  the organization’s bylaws Members of the organization must
  525  include representatives from businesses, representatives from
  526  each of the juvenile justice service districts, and one
  527  representative appointed at large.
  528         (7)REPEAL.—This section is repealed October 1, 2018,
  529  unless reviewed and saved from repeal by the Legislature.
  530         Section 18. Except as otherwise expressly provided in this
  531  act, this act shall take effect July 1, 2018.